The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-10-27
THE STATUTEVS.LYNCHL LAW
Judge Gould's Charge to the Grand Jury
as to the Amer Green Lynching.
1t Was Murder and Every Man Who Aided or
Allotted the Deed Is Equally Guilty-History
of Crimes Committed by the Greens.
Special to the Indianapolis Journa.

DELPHI. lno, Oct 26.-The grand jury met
to-day at the call of Judge Gould. But few
witnesses have SO far been examined, but alargs
number have been summoned to appear to- NOR
row. Following is the judges charge in full:
Gentlemen of the Grand Jury-When. dur
ing the second week of the present term, you
announced to the court that you had no further
business to transact, and were by the court dis
charged. we all had reason to believe that there
would not arise a necessity for further labors on
recent date have compelled me to call
you together for the special purpose
of investigating the facts connected with the
taking of a human life. It may not be inap-
propriate for me to briefly state general in
formation which is known TO all. AT former
term OF this court. Amer Green was in
dcted for the murder of Luella Maobitt. The
place where the alleged crime committed
was in a remote part of this county, and few
miles from Logansport The accused had fed
the State soon after the alleged preparation of
August. 1886. Some three months ago he was
arrested in the State of Texas and returned
to Cass county and there held in custody upon a
warrant issued from the Cass Circuit Court
based on an Indictment charging him with the
same crime committed within that jurisdiction.
Warrants issued from this court to the sheriff
of Cass county were returned by the sheriff of
tina. county with his official endorsement there
on that Green would be held there until legally
discharged by the Cass Circuit Court However,
the accused was, on the 10Th inst, delivered to
the sheriff of this county to answer the indict-
ment in this court. On the 10Th inst. in the ex-
ercise of a loyal right, Greeu filed
his application for change of venue from this
county, but before action was taken on the ap-
plIcation the prosecuting attorney entered q
nolle prosequi IN the case, ana the prisoner was
remauded to the custody of the sheriff without
bail to answer another Indictment, which was
only returned By the grand jury on the following
day. in which Green was charged with murder
Ia the first degree That night mob of armed
men forced open the Jail. forcibly seized the de-
fenseless prisoner. took him seven miles from
the city and there murdered him.
'Gentlemeh. shall speak plainly, for the law
your duties. IL we fail in their discharge, we
become aiders and abettors of crime. We can
not escape the responsibility which rests on US.
The questions for your consideration do not in
cude the question of the guilt or innocence OF
Amer Green of the monstrous crime with which
be was charged that question is not before you.
He was prisoner in the custody OF the law, and
he was entitled to the protection of tho
law. The men who took his life. and
those who were present aiding and
aoetting, and those who were present in
aid in the unlawful act are alike guilty OF MUIR
der. Now, it will be your solemn duty, without
fear. favor affection, to carefully investigate
the facts and prosecute those who guilty of
this crime. You charged with official
duty IL no sense personal! TO yourselves, and
there is but safe rule of official conduct. and
that is TO do what duty and conscience requires.
Ours Is a government OF law. and the law is the
shield and protection of the strong and the weak
alike. and its fearless. impartial enforcement is
the only guarantee of private rights and public
tranquility. II Amer Green guilty, the
law would have condemned him and punished
him.
It lis not for us to say in this place why mob
violence exists to such an alarming extent. It
is enough for us to know that it is not sanctioned
by the law. Mobs do not respect the law the
rights of others; they do not think; they do not
reason; they enforce no rights; they redress
wrongs: they destroy and trample on all rights,
and madly tear down even the monu-
ments which perpetuate nations grand
est achievements. Mobs endure but
for day. The law is the growth of centuries
In the language of another: 'Of law less
can be- said than that her seat is the bosom of
asoa, her voice the harmony of the world. All
things in heaven and earth do her homage the
very least feeling her care and the greatest as
not exempted from her power. Both angels and
men, and the creatures of what condition So
yet all, with uniform consent, admire her as the
mother of their peace" Even the misguided
men who perpetrated this crime. when the sober.
second thought comes to them. will
look with horror on the scenes of last Friday
night. The law which they violated Is the same
law which they would invoke for their own pro-
tection-a safeguard for the innocent and ter
ror only to II e guilty. A lawess invasion of
the rights of Amer Green is a menace to the
rights of every citizen. 1t is not a debatahle
question. The reign of the mob means the de-
struction of our governmental fabric, and with
it's downfall, wild anarchy must ensue.
Gentlemen. in the discharge of your solemn
duties you must act fearessly. firmly and i'm
partially. If it be true that there exists a mis-
taken sentimentality on the part of courts, iures
and others in the treatment of those who violate
the law, that sentiment must yield to the stern
discharge of duty. But you should indict only
upon satisfactory legal evidence, and not upon
mere suspicion. Those who were merely pres
ent as passive spectators of tho
crime, and nothing more. would
not be guilty. You will also
inquire whether any officers of this court,
whose duty it to protect the prisoner, were
guilty of any neglect of duty. and il you find
that they were crminally negligent in the dis
charge of their duty, whosoever they be- in dict
them. In a word it is expected that your inves-
LEGATIONS will be thorough to every feature of
this unfortunate transaction.
Now, gentlemen, have discharged my DUTY
and you will now proceed to the performance OF
yours"
Crimes of the Green Brothers.
Special tn the Indianapolis Journal.
PERIL Ind. Oct. 26-1'ha celebrated murder